supreme court upholds high court

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Supreme Court upholds High Court'sdecision to quash quota in promotionThe Supreme Court, on Friday upheld

the Allahabad high courts decision to scrap the policy of

reservations in promotionsintroducedby the Mayawati

government.The Allahabad high court onJanuary4, 2011 had dubbed

it unconstitutional and struck it down following at least

50 petitions by employees associations from across the

state. Following this, a special leave petition was filed inthe Supreme Court against the order by the Bahujan

Samaj Party government and some organisations.

Terming the SC decision to quash reservation in

promotion as a milestone, the state government employees

of general category burst into celebrations on Friday. The

decision will benefit nearly 18 lakh UP government

employeesmainly of the general and OBC category

who have been waiting for their promotions for the past

five years.

The issue dates back to 2007, when Mayawati came to

power and introduced reservation in promotions. The BSP

government introduced the policy that stipulated

reservation for SC employees in the first stage of theirpromotion and that of the benefit of consequential

seniority in successive promotions under Rule 8-A of the

UP Government Servants Seniority (Third amendment)

Rules, 2007.

However, on January 4, 2011, the Lucknow bench of

the Allahabad High Court comprising Justice Pradeep

Kant and Justice Ritu Raj Awasthi ruled that there is no
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provision of reservation in promotion with respect

to government services in Uttar Pradesh. It also struck

down rule 8A of the consequential seniority rules as

amended in 2007, holding that they are not in conformitywith the Supreme Court directives. Also, the court

quashed a number of seniority lists of various government

departments, which had been prepared on the basis of the

said rules.

The Mayawati government had then moved a special leave

petition in the Supreme Court following which the high

court order was stayed.

Things started changing with the change of guard in Uttar

Pradesh in March when SP rode to power. In fact, the

high-level committee, headed by UP chief secretary Jawed

Usmani on March 28 issued a circular stating that the

state government will abide by the high courts order of

January 4, 2011.

Employees under the aegis of Sarvajan Hitay Sanrakshan

Samiti distributed sweets and hugged each other as soon

as the news of the Supreme Court decision trickled in. It

is not the question of ones victory or others defeat. It isa

question ofwelfare of the state,said president of the

Samiti, Shailendra Dubey.

He said that there have been grave resentment andapprehensions among the employees vis-a-vis their future

for the past five years. Dubey claimed that it will also

benefit over two lakh SC/ST employees, who could not be

promoted (as per their seniority) since the matter was sub

judice.

The Samiti has asked the state government to promote

officers and get the vacant positions filled as per the


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seniority. The Samiti also demanded notional promotion

to those who retired from the service without taking their

due promotions.

Executive member of Abhiyanta Sangh, Sandeep Pandeysaid, It was because of the vacant positions that many

development activities have been stalled in the state. That

may resume now,he said.

However, government employees belonging to the

reserved category under the aegis of Arakshan Bachao

Sangharsh Samiti termed the decision

asunfortunate. Samiti president, KB Ram said that the

officials of the reserved category will be filing a review

petition in the Supreme Court. We have asked the

members to maintain restrain and continue to fight. It is

unfortunate that the employees of the reserved category have

been deprived of the benefits prescribed in the Constitution,

supreme court upholds high court

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